State of SP is ordered to compensate PwD student for argument with teacher

The state of São Paulo was ordered to compensate a student with a disability for an episode that occurred in a public school in the city of Nuporanga (SP). The decision was determined by judge Iuri Sverzut Bellesini, from the municipal court.

This is the case of a girl, 13 years old at the time of the events, who argued with a teacher, who lost control and acted aggressively. The value of compensation for moral damages was set at R$100,000 for the teenager and R$60,000 for each of those responsible, totaling R$220,000.

According to the decision, the student has oppositional defiant disorder and moderate intellectual disability. On the day of the incident, she and the teacher argued, at which point the teacher abruptly pushed the girl’s desk away, ordering her to go to the school administration. The incident was recorded by a classmate.

When handing down the sentence, the judge argues that the authors of the action were not only responsible for the fact that occurred at the school, but a permanent omission by the State, which reached its peak on that day.

“This analysis allows for a greater view of the State’s responsibility in the case in question. It is because there was a repeated and prolonged failure on the part of the defendant to provide and implement the adolescent’s social right to education”, wrote the judge.

According to the judge, people with disabilities are guaranteed the rights to equality, protection against discrimination and education by the State, with an inclusive system, among others. “In addition to allowing the minor’s ‘physical’ access to the school (which was already prevented), it was also necessary for teachers, especially those who work on a day-to-day basis with other students, to have the necessary qualifications and even even care for the applicant, given not only her health and behavioral problems, but even the social and family panorama”, highlighted the judge.

“In view of the situation, it is certain that these issues should be addressed by the educational institution, and not stated as pointing out the young woman’s ‘exclusive fault’ in relation to the episodes in which she was involved, especially in this case.”

A People’s Gazette tried to contact the Government of São Paulo to find out if they will take a position on the decision, but has not yet heard back. The space remains open for updating.

With information from Conjur and TJ-SP advisory.